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Wednesday, 26 Feb 2014

Written Answers Nos. 1-19

State Properties

Questions (11)

Clare Daly

Question:

11. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the protocol and procedure for the sale of public buildings which must be adhered to once a decision has been made to dispose of the property, including whether policy differs depending on which public body is selling the property; and whether there are uniform guidelines. [9364/14]

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Written answers

The powers and functions relating to property which previously vested in the Minister for Finance transferred in July 2011 to the Minister for Public Expenditure and Reform under the Ministers and Secretaries (Amendment) Act, 2011 and S.I. No. 418/2011 Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011.  The powers in relation to State property generally are set out in Sections 9, 10 and 11 of the State Property Act, 1954.  The powers in that Act relate to vesting, management and disposal of State land, but not purchase of land which is dealt with under the Ministers and Secretaries Act.  These powers and functions are further elaborated in guidelines contained in Public Financial Procedures and the Guidelines for State Bodies.  Practice may also be affected by specific legal provisions in particular areas, such as the legislation that governs NAMA which, of course, is mainly engaged in disposing of loans, and that governing local authorities. 

Bearing in mind the guiding principle to maximise the benefit to the taxpayers, the general approach to the management of assets, including property, held by the State and its agencies is that it is the responsibility of each agency to optimise value.  Public Financial Procedures and the Guidelines for State Bodies impose requirements which should result in agencies having accurate, reviewable records of their property holdings and valuations.  Together with having information about their property requirements and the management of their properties, they should be in a position to dispose of assets they judge to be surplus to their requirements in a manner that maximises public utility; in the vast majority of cases, this means for the best price achievable.  

The general rule set out in Public Financial Procedures is that Departments are required to have asset management systems in place (Section B1.2 paragraphs 22-25) which ensure that assets are acquired only when needed, are adequately controlled and maintained, are properly safeguarded and disposed of, and that utilisation is monitored. The 1994 Guidelines on Public Procurement, or Green Book, at paragraph 1.2 states that the disposal or letting of property should be dealt with by competitive tendering or by auction in order to ensure that disposals are both transparent and likely to achieve a fair price.

This approach is also reflected in the Code of Practice for the Governance of State Bodies.

"It should be standard practice that the disposal of assets of State bodies or the granting of access to property or infrastructure for commercial arrangements e.g. joint ventures with third parties, with an anticipated value at or above a threshold level of €70,000, should be by auction or competitive tendering process, other than in exceptional circumstances(such as a sale to a charitable body). The method used should be both transparent and likely to achieve a fair market-related price."  (Paragraph 5.1)

The Code also states:"The Board should have a formal schedule of matters specifically reserved to it for decision to ensure that the direction and control of the body is firmly in its hands (some of these matters may require Ministerial approval and this should be noted). This schedule should include, at least, the following:significant acquisitions, disposals and retirement of assets of the State body or its subsidiaries. The schedule should specify clear quantitative thresholds for contracts above which their approval is required";

A range of measures to improve property management in the public service is set out in Accommodating Change, Measuring Success, the Government's Property Asset Management Plan published in July 2013.  Within this overall context, further work on standardising the detailed approach to management of property disposals aimed at further improving outcomes is currently underway under the auspices of the Steering Group on Property Asset Management, led by the Office of Public Works.

Irish Language

Questions (12)

Seán Kyne

Question:

12. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if he will report on the progress of his Department in implementing the objectives and aims contained in the 20 year strategy for the Irish language which are relevant to his Department; and if he will make a statement on the matter. [9451/14]

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Written answers

One of my Department s objectives or aims contained in the 20 Year Strategy on the Irish Language is to strengthen and develop language awareness and language training programmes so that a higher proportion of public service staff are truly functional in Irish and can deliver services in Irish to customers who seek them. In this regard my Department has devolved responsibility for the implementation of Irish Language Training and Irish Language Proficiency Testing to the Department of Arts, Heritage and the Gaeltacht while maintaining its overall policy role within the civil service. A Service Level Agreement between the two Departments was signed in 2013 to give effect to this policy initiative.

Additionally as the Official Languages Act has adopted the language scheme as a core instrument by which bilingual services are to be provided my Department has prepared a draft Irish Language Scheme which is currently with the Department of Arts, Heritage and the Gaeltacht for approval. On receipt of the necessary approval from the Department of Arts, Heritage and the Gaeltacht officials in my Department will finalise and publish on my Departments website our completed Irish Language Scheme.

Open Government Partnership

Questions (13)

Robert Dowds

Question:

13. Deputy Robert Dowds asked the Minister for Public Expenditure and Reform the preparations for Ireland’s hosting of a European-level Open Government Partnership conference in 2014; the date and venue of the said conference; the purpose and benefits set to accrue from hosting this conference; and if he will make a statement on the matter. [9427/14]

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Written answers

Ireland will host a European-level Open Government Partnership (OGP) conference in Dublin Castle on 8th and 9th May.

The conference will be a 2 day event with up to 300 participants expected to attend. Ministers, Government officials from European countries participating in the OGP, representatives of civil society and non-governmental organisations, representatives of international and regional organisations, the business community, and the academic community will be invited to attend. Officials and civil society representatives from European countries not yet participating in the OGP will also be encouraged to attend. The event will be open to the media.

The Government's decision to seek membership of the OGP was based on the assessment that the aims of the OGP strongly reinforced and complemented the Government's commitment to wide-ranging political reform reflected in the Programme for Government.  The continuing development of an open, transparent, accountable and ethical system of public administration consistent with the goals and objectives of the OGP is clearly integral to the ongoing process of rebuilding trust in government and in public institutions and underpinning national recovery. 

Ireland's membership of the OGP is expected to reap significant economic and social benefits.  Hosting this conference will give added impetus to the work being done in developing an OGP National Action Plan to progress Ireland's OGP membership. It will provide an opportunity to demonstrate Ireland's commitment to Open Government, to raise visibility of the reforms currently being advanced, and to improve our reputation internationally as a result.  It will allow the sharing of knowledge of OGP initiatives that worked well, lessons learned and best practice between OGP participating countries and civil society.  Participants will share experiences from their respective countries and provide real examples of how, for example, openness can improve public services, drive economic growth and restore public faith in government.  The conference will also, of course, benefit the local economy in terms of business for hotels, catering and tourism potential. 

A Planning Committee has been set up comprising officials from my Department, Local Government and civil society representatives and preparations for the conference are well underway.

Flood Prevention Measures

Questions (14)

Patrick O'Donovan

Question:

14. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform if he will provide details of each of the Departments, State agencies, local authorities, cross-Border bodies, semi-State companies and other public funded-managed entities that have a public-statutory role in relation to the maintenance and management of, extraction from or discharge to the River Shannon; and if he will make a statement on the matter. [9307/14]

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Written answers

The information sought is set out in the following table:

Govt. Departments, State Agencies etc with a public/statutory role in relation to the River Shannon

Government Departments/Offices:

Department of Agriculture, Food and the Marine

Department of Arts, Heritage and the Gaeltacht (Incl. National Parks and Wildlife Services)

Department of the Environment, Community and Local Government

Department of Communication, Energy and Natural Resources

Department of Public Expenditure and Reform

Department of Transport, Tourism and Sport

Office of Public Works

State Agencies/Bodies (Non-Commercial):

Fáilte Ireland

Environmental Protection Agency

Inland Fisheries Ireland

The Heritage Council

Waterways Ireland

State Bodies (Commercial):

Bord na Mona

Electricity Supply Board

Irish Water

Shannon Foynes Port Company

Regional and Local Authorities:

South West Regional Authority

Mid-West Regional Authority

West Regional Authority

Border Regional Authority

Midlands Regional Authority

Cavan County Council

Clare County Council

Galway County Council

Kerry County Council

Leitrim County Council

Limerick City and County Council

Longford County Council

Mayo County Council

North Tipperary County Council

Offaly County Council

Roscommon County Council

Sligo County Council

Westmeath County Council

Athlone Town Council

Ballinasloe Town Council

Birr Town Council

Ennis Town Council

Kilrush Town Council

Listowel Town Council

Longford Town Council

Nenagh Town Council

Shannon Town Council

Tullamore Town Council

The OPW has no oversight role or authority in relation to the River Shannon. The Deputy is advised that details on the precise involvement, role and functions of each of the above listed bodies in relation to the River Shannon is best sought directly from the bodies concerned as this information is not readily available to the OPW.

Coastal Erosion

Questions (15, 37)

Mick Wallace

Question:

15. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if he will consider developing a long-term strategy to deal with coastal erosion; and if he will make a statement on the matter. [9409/14]

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Mick Wallace

Question:

37. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform his plans to develop a co-ordinated approach to address increased flooding problems throughout the country; and if he will make a statement on the matter. [9408/14]

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Written answers

I propose to take Questions Nos. 15 and 37 together.

The Office of Public Works is currently undertaking the Catchment Flood Risk Assessment and Management (CFRAM) Programme, in partnership with its technical consultants, local authorities and other key stakeholders. This is a strategic and fully co-ordinated approach that recognises the need, in line with international best practice, to move to a more sustainable, planned and risk-based approach to dealing with flooding problems.

The Programme which is focused on 300 areas of potentially significant risk, lies at the core of the assessment of flood risk and the long-term planning of the flood risk management measures throughout the country, including capital structural and non-structural measures.

The CFRAM Studies are comprehensive catchment-based studies through which, following public consultation, detailed flood maps are produced and flood risk management measures are assessed and taken to outline design. These measures will be prioritised and set out in a Flood Risk Management Plan.

The CFRAM Programme will be used to determine national priorities for State investment in flood defences, on a systematic and objective basis using Multi-Criteria Analysis. More information on the Programme is available on www.cfram.ie

Flood risk from coastal erosion is also integrated into and being assessed under the CFRAM Programme. 90 of the 300 areas of significant flood risk are in coastal areas. Coastal erosion is a natural and ongoing process and has beneficial as well as detrimental effects. It is a complex issue and requires to be addressed in a holistic manner to ensure that the best possible approach is adopted in each particular instance. Structural intervention is not always the best option and in some cases it can be difficult to justify such intervention on economic and/or environmental grounds.

There is a strategy in place to deal with coastal erosion. The primary objective of policy on coastal protection is to ensure that in areas identified as being at greatest risk of damage or loss to economic assets through coastal erosion or flooding, appropriate and sustainable measures are identified by Local Authorities to protect those assets and, where intervention measures are economically justified on cost benefit grounds and compatible with all required environmental and other statutory requirements, these are implemented subject to the availability of resources.

The Irish Coastal Protection Strategy Study (ICPSS) has surveyed and assessed the coastal erosion risk along the entire national coastline and this information will be available shortly to all Local Authorities to enable them to develop appropriate plans and strategies for the sustainable management of the coastline in their counties including the identification, prioritisation and, subject to the availability of resources, the implementation of coastal protection works both of a structural and non-structural nature as appropriate.

In some cases a “do nothing” or “no activation” intervention approach might be the most appropriate management response, and international studies have borne this out.

In the context of the damage done in the recent storms, I have made it clear that it is never going to be possible to protect all of the vulnerable areas of Irish coastline. This is why it is essential that a comprehensive risk based approach to coastal protection is followed. The Office of Public Works wrote on 10th January of this year to City and County Managers in coastal areas indicating that it will accept applications under this Scheme for funding to assist with repairs to built flood defences and coastal protection structures which have been damaged by the recent storms. This is a once-off measure to reinstate built coastal defences to their pre storm condition. The specific application form for this entitled Coastal Storm Damage Flooding Questionnaire 2014 is available on OPW's website www.opw.ie under Flood Risk Management.

The Government decided on 11 February to make funding of up to €70 million available to assist local authorities with the repair and remediation of damaged public infrastructure. Of this total, an amount of up to €20 million may be made available to assist with the cost of repairing damaged coastal protection infrastructure.

Flood Prevention Measures

Questions (16, 41)

Denis Naughten

Question:

16. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the steps he is taking to implement the recommendations in the Joint Committee on Environment, Culture and the Gaeltacht report on Shannon flooding published in 2012; and if he will make a statement on the matter. [9302/14]

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Denis Naughten

Question:

41. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the steps being taken to address flood risks within the Shannon basin; and if he will make a statement on the matter. [9301/14]

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Written answers

I propose to take Questions Nos. 16 and 41 together.

As outlined to the Deputy in my replies to Question Numbers 19 and 30 of 22 January 2014, the core strategy for addressing flood risk in the Shannon Basin is the River Shannon Catchment Flood Risk Assessment & Management Study. The CFRAM Study is being conducted by Jacobs Engineering on behalf of the OPW and I am advised that good progress is being made on the project.

A total of 66 locations along the Shannon have been identified for further assessment under the Study. The output of this important project will be an integrated plan of specific measures to address, in a comprehensive and sustainable way, the significant flood risk factors in the Shannon basin, including the Callows area.

As the Deputy is aware, operational control of water flows and levels on the Shannon is the responsibility of both the ESB and Waterways Ireland. In order to address ongoing concerns that the existing water level control regime may be a contributory factor in early Summer flooding in the Callows, the OPW facilitated discussions between these principal operating stakeholders toward agreeing a new interim control regime on the regulation of levels. Under this interim regime the ESB agreed to a trial lowering of the Spring/early Summer target levels in Lough Ree to reduce somewhat the risk of summer flooding, particularly in the Shannon Callows area. This trial commenced in Summer 2013 and will remain in place until the publication of the Shannon CFRAM Plan.

On foot of discussions between my colleague, Minister of State Tom Hayes and the IFA and with the cooperation of both the ESB and Waterways Ireland, a water level monitoring exercise is being carried out as part of the CFRAM process which will allow for analysis of water flows and levels at key points around the Lough Ree and Callows areas. Interim data from this exercise has been collated and the results have been forwarded to the CFRAM consultants. This data will feed into the overall Shannon CFRAM study. The interim data is available on www.shannoncframstudy.ie and on www.opw.ie. The OPW will continue to review the above process on a regular basis in consultation with the ESB and Waterways Ireland.

The Joint Committee on Environment, Culture and the Gaeltacht report on Shannon flooding dealt with and included recommendations on a number of issues within the areas of responsibilities of a range of Government Departments and State Bodies. The OPW responded to the Committee, by way of a written reply in September 2012, in relation to the specific matters within the OPW's area of responsibility. The main area addressed in the reply related to the Catchment Flood Risk Assessment and Management (CFRAM) programme and how the OPW is addressing flood risk on the River Shannon in the context of the CFRAM Programme.

The Committee Report was forwarded to our technical consultants for consideration in the context of the Shannon CFRAM Study. The Committee received a briefing in late 2012 on the Shannon Levels Operations Report.

Departmental Expenditure

Questions (17, 103, 108)

Bernard Durkan

Question:

17. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he remains satisfied that expenditure targets in respect of all Departments remain in line with projections for the current year and subsequently; if he has identified any deviations from these targets in any particular area of expenditure; and if he will make a statement on the matter. [9403/14]

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Bernard Durkan

Question:

103. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which each Department remains satisfied regarding the adequacy of its respective budgets for the current and future years; if he has identified areas of over or under expenditure which might jeopardise the attainment of targets throughout the particular Departments; and if he will make a statement on the matter. [9952/14]

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Bernard Durkan

Question:

108. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which it is expected that each Department and-or State and semi-State body can maintain its expenditure targets for the current year having particular regard to previous experience; and if he will make a statement on the matter. [9957/14]

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Written answers

I propose to take Questions Nos. 17, 103 and 108 together.

Gross voted expenditure has been reduced from its peak of €63.1 billion in 2009 to €54.6 billion in 2013.  This represents a reduction of approximately 13.5 per cent between 2009 and 2013.  Estimated voted expenditure for 2014 will be in the region of €53 billion with a targeted General Government deficit of 4.8 per cent.

The consolidation measures this Government has introduced have ensured Ireland's successful exit from the EU-IMF Programme of Financial Support for Ireland.  This has been delivered through the efforts of all Departments and their agencies to seek savings, pursue efficiencies, and manage within constrained budgets, often while meeting increasing demands for the public services they deliver.

While the provision and costs of public services remain the responsibility of the relevant Ministers and their Departments, my Department has introduced measures to help ensure that expenditure targets continue to be met and that public expenditure remains sustainable. The Medium Term Expenditure Framework, with three year ceilings for Ministerial Vote Groups, has been placed on a statutory footing with the enactment of the Minister and Secretaries Amendment Act 2013. This provides greater clarity and certainty about expenditure allocations and allows for structural, medium-term planning and prioritisation within each area.  My Department is in regular communication with all Departments and Offices to ensure that expenditure is being controlled and we monitor their drawdown of funds from the Exchequer against the published expenditure profiles. The expenditure profiles for 2014 will be published this month. Where necessary, my Department meets regularly with line Departments to review financial management and the extent to which expenditure remains in line with projections.  There is regular reporting to Government on these matters, and we publish information monthly as part of the Exchequer Statement.

On 14 January, my Department published a new Public Service Reform Plan, covering the period 2014 to 2016. The new Reform Plan includes more than 200 actions, with clear time lines for delivery.  The implementation of the new Reform Plan, alongside the measures introduced to enhance expenditure management, will enable this Government build a new Public Service that is focused on protecting and improving public services while remaining within the Government's overall expenditure targets.

Appointments to State Boards

Questions (18)

Seán Fleming

Question:

18. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he is satisfied with the number of women currently serving on State boards under his remit; and if he will make a statement on the matter. [9445/14]

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Written answers

As the Deputy is aware in 2011 the Government introduced new arrangements for the appointment of State board members.  Under the new arrangements Departments now invite expressions of interest from the public in vacancies on the boards of bodies under their aegis on their websites. It is open to all members of the public regardless of gender, political affiliations or location to apply for appointment to these vacancies.

I am satisfied that the new arrangements introduced by the Government in 2011 have significantly improved transparency in the making of appointments to State Boards compared with the making of appointments in previous years.

Since the formation of this Government 22 members have been nominated to State Boards under my remit, 23% of which being female.  In view of the statutory procedures for the appointment of members of the Civil Service Arbitration Board and the Public Appointments Service, there is limited scope for me to take a factor such as gender into account when I make such appointments.

I would like to make it clear that it is my intention in the limited number of appointments I have to make to increase the number of women appointees over the lifetime of the Government. The following table gives a breakdown of the gender balance of positions filled on State boards under my remit from 2011 to date:

Board Name

No. of Appointments made

-

No. of Positions Advertised

Male

Female

No. of Current Vacancies

An Post National Lottery Board

2011

0

         0

      7

         1

1

-

2012

   2*

-

2013

    6*

Public Appointments Service Board

2011

9

            0**

         10***

           4***

0

-

2012

2

-

2013

3

Total

 

22

       0

  17

   5

1

* Re-appointments in light of the sale of the National Lottery licence.

** The Public Service Management (Recruitment and Appointments) Act, 2004 states that the Minister for Public Expenditure and Reform (in consultation with Minister for the Environment, Community and Local Government, the Minister for Health and the Minister for Justice and Equality) should appoint members of the Board of the Public Appointments Service.

The Board is meant to be representative of our client base.  The majority of the board is therefore civil or public servants, nominated by the relevant Minister.  There is also a union representative nominated by ICTU.  The two external members were appointed by the Minister because of their expertise in strategic change and public service recruitment respectively. 

*** The CEO of PAS is appointed to the Board on an ex officio basis.

Question No. 19 answered with Question No. 7.
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